I have been disputing a charge off on my CR that isn't mine. (yes I am positive it isn't mine) I have contacted the company about it via mail 4 times and at least 5 by phone. They never answer my letters and when I talk to them by phone they say they don't have an application on file for this. I dispute it with the CRA's, TU deleted, Equifax updated it to pays as agreed and experian still list's the account the same and tells me that MBNA verified it with them. I don't know what to do next. The lady I talked with from MBNA told me today that "unfortunately there is nothing we can do with this since the account was charged off. Before the fraud dept. can investigate it we need to see if it could have even been fraud in the first place." WTF????? I am at the end of my rope!! I have even sent a letter to the companies registered agent and never heard a response. How can they do this???
The problem here is you don't really know who is screwing you. It is ITS time, to both the CRA and the OC. If they fail to satisfy you, it's time to take them to court and explain to the judge why they are violating the FCRA (in particular the OC who appears to be providing invalid information). Oh, and don't forget to collect your $1000 per violation.
I finally got ahold of a manager in the fraud department at MBNA. He said he would look into this. He also told me that he can pull my credit file to investigate this! I told him, no I don't want you to put an inquiry on my report! He then told me unfortunately they can. Can they really do that? Also he told me that if they don't have a copy of an application there is nothing they can do. What???? If there isn't a copy of a application or signature showing I supposedly agreed to the loan, how can they even report it??????
Even under the new FCRA, an allegation of fraud or identity theft is not PP to pull. FCRA § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. (2) In accordance with the written instructions of the consumer to whom it relates. (3) To a person which it has reason to believe (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or (B) intends to use the information for employment purposes; or (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account. (4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that (A) the consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments; (B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws); (C) the person has provided at least 10 days' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and (D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. (5) To an agency administering a State plan under Section 454 of the Social Security Act (42 U.S.C. § 654) for use to set an initial or modified child support award. (b) Conditions for furnishing and using consumer reports for employment purposes. (1) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if (A) the person who obtains such report from the agency certifies to the agency that (i) the person has complied with paragraph (2) with respect to the consumer report, and the person will comply with paragraph (3) with respect to the consumer report if paragraph (3) becomes applicable; and (ii) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and (B) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer's rights under this title, as prescribed by the Federal Trade Commission under section 609(c)(3) [§ 1681g]. As you can see, they have no PP to pull. I would inform them that any pull of your credit file will result in an immediate FCRA suit. Then follow through on it.
Hbb, Please go read this: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=401276#post401276 .
Those M***** F****** pulled a hard inquiry yesterday!!!!!!!! How can they, the charge off they are listing on my report shows a zero balance and a closed date of 11/02. I am really confused now. How can the have PP if the status of this chargeoff is closed?
